BILL NUMBER: SB 679 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 3, 1999
AMENDED IN ASSEMBLY AUGUST 16, 1999
AMENDED IN SENATE JUNE 2, 1999
AMENDED IN SENATE APRIL 5, 1999
INTRODUCED BY Senator Johnston
(Coauthor: Assembly Member Machado)
FEBRUARY 24, 1999
An act to amend Section 42247 of the Education Code,
relating to elementary and secondary Item
6610-001-0001 of Section 2.00 of Chapter 50 of the Statutes of 1999,
relating to education, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 679, as amended, Johnston. Elementary and secondary
education: desegregation costs Education .
Existing law authorizes the reimbursement of a school district for
the amount necessary to pay any costs mandated by the courts.
Existing law authorizes the governing board of any school district
that maintains a program designed to remedy the harmful effects of
racial segregation that originated under a court mandate to submit a
claim for reimbursement to the Controller for costs of the program.
The Budget Act of 1999 appropriates, among other
amounts, $2,190,847,000 for support of the California State
University. Of this amount, the act specifies that $1,700,000 is for
conversion of the Stockton Developmental Center into the Regional
and Continuing Education Center at California State University,
Stanislaus. The Budget Act of 1999 also declares the intent of the
Legislature to annually provide funds for this purpose through the
2001-02 fiscal year.
This bill would require the Controller to propose to the
Legislature on or before March 1, 2000, a method for appropriately
reimbursing school districts for the cost of magnet school programs
ordered by a court pursuant to a desegregation program that
originated under a court mandate and were previously reimbursed
through a federal grant delete the reference to the
2001-02 fiscal year from this declaration of legislative intent
.
This bill would appropriate $600,000 from the General Fund to the
Superintendent of Public Instruction for allocation to the Stockton
Unified School District as reimbursement for audited court-ordered
desegregation costs in that school district.
(2) Existing law establishes public postsecondary, secondary, and
elementary schools throughout the state. Among the public
postsecondary schools are the various institutions that comprise the
California State University system. The public secondary and
elementary schools are administered by the various school districts
and county offices of education.
This bill would appropriate, without regard to fiscal year,
$2,300,000 from the General Fund. Of this amount, $1,300,000 would
be appropriated to the Trustees of the California State University
for allocation for the continuing conversion of the Stockton
Developmental Center into the Regional and Continuing Education
Center at California State University, Stanislaus. The bill would
appropriate the remaining $1,000,000 to the Superintendent of Public
Instruction for allocation, in accordance with specified criteria, to
school districts and county offices of education to fund the
acquisition of school library materials. To the extent that the
$1,000,000 amount is allocated to school districts, these funds would
be applied toward the minimum funding requirements for school
districts and community college districts imposed by Section 8 of
Article XVI of the California Constitution.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42247 of the Education Code is
SECTION 1. Item 6610-001-0001 of Section 2.00 of Chapter 50 of the
Statutes of 1999 is amended to read:
6610-001-0001--For support of the California State
University ....................................
2,190,847,000
Schedule:
(a) Support .................... 2,947,422,000
(b) Reimbursements ......... -128,558,000
(c) Amount payable from the
Higher Education Fees and
Income, CSU Fund
(Item 6610-001-0498) ........ -628,017,000
Provisions:
1. The appropriations made in this item are
exempt from Section 31.00 of this act,
except as otherwise provided by the
applicable sections of the Government
Code referred to in Section 31.00.
2. Of the amount appropriated in this item,
$814,000 is available for transfer to the
California State University and Colleges
Special Projects Fund pursuant to Section
25008.5 of the Public Resources Code, which
allows state agencies to retain 50 percent
of the financial benefits realized through
energy savings projects.
3. Of the amount appropriated in this item,
$7,235,000 is provided for payment of
energy service contracts in connection with
the issuance of Public Works Board Energy
Efficiency Revenue Bonds.
4. Of the amount appropriated in this item,
$350,000 is for transfer to the Affordable
Student Housing Revolving Fund for the purpose
of subsidizing interest costs in connection
with bond financing for construction of
affordable student housing at the Fullerton
and Hayward campuses in accordance with
Article 3 (commencing with Section 90085)
of Chapter 8 of Part 55 of the Education Code.
5. Of the amount appropriated in this item,
$1,878,000 is for repayment of the $17,000,000
financed for the California State University
through a third party for deferred maintenance
projects in the 1994-95 fiscal year. It is the
intent of the Legislature to annually provide
funds for that repayment purpose through the
2009-10 fiscal year.
6. Of the amount appropriated in this item,
$2,309,000 is for repayment of the $24,000,000
financed for the California State University
through a third party for deferred maintenance
projects in the 1995-96 fiscal year. It is the
intent of the Legislature to annually provide
funds for that repayment purpose through the
2010-11 fiscal year.
7. Of the amount appropriated in this item,
$1,700,000 is for conversion of the Stockton
Developmental Center into the Regional and
Continuing Education Center at CSU, Stanislaus.
It is the intent of the Legislature to annually
provide funds for this purpose through the
2001-02 fiscal year .
8. Of the amount appropriated in this item,
$2,000,000 is provided to support the Bilingual
Teacher Recruitment Program.
9. Of the funds appropriated in this item,
$2,000,000 is provided for a teacher
recruitment program to be operated
by the California Center for Teaching Careers.
10. Of the funds appropriated in Schedule (a),
$15,000,000 is provided for outreach to
be used to fund new and existing programs
that are aimed at improving the chances for
K-12 pupils from a wide diversity of
backgrounds to become eligible and prepared
for the California State University. Of this
total, $5,000,000 is provided for
faculty-to-faculty alliance with high school
teachers of English and mathematics, $4,000,000
is provided for learning assistance programs in
high school, and $2,000,000 is
provided for
the Precollegiate Academic Development Program
at the California State University, $2,000,000
is for the California State University Educational
Opportunity Program (Art. 6 (commencing with Sec.
89521 89250 ), Ch. 2, Pt.
55, Ed. C.), and $2,000,000
is for the California Academic Partnership Program
(Ch. 11 (commencing with Sec. 11000), Pt. 7, Ed. C.).
11. Of the amount appropriated in this item, $65,647,000
is provided for student financial aid grants,
including $48,285,000 for State University grants
and $17,362,000 for grants pursuant to the
California State University Educational
Opportunity Program. These financial aid funds
shall be provided to needy students according
to the nationally accepted needs analysis methodology.
SEC. 2. The sum of two million three hundred thousand dollars
($2,300,000) is hereby appropriated for expenditure, without regard
to fiscal year, from the General Fund in accordance with the
following schedule:
(a) One million three hundred thousand dollars ($1,300,000) to the
Trustees of the California State University, for allocation for the
continuing conversion of the Stockton Developmental Center into the
Regional and Continuing Education Center at California State
University, Stanislaus.
(b) One million dollars ($1,000,000) to the Superintendent of
Public Instruction, for allocation, as an equal amount per unit of
regular average daily attendance, to school districts and county
offices of education to fund the acquisition of school library
materials pursuant to Article 7 (commencing with Section 18180) of
Chapter 2 of Part 11 of the Education Code. Each school district and
county office of education to which an allocation is made under this
subdivision shall meet all of the following criteria:
(1) The school district or county office of education did not
receive an allocation for the 1998-99 fiscal year from funds
appropriated pursuant to Item 6110-149-0001 of Section 2.00 of the
Budget Act of 1998.
(2) The school district or county office of education has approved
a districtwide school library plan pursuant to Section 18181 of the
Education Code.
(3) The amount allocated per unit of average daily attendance to a
school district or county office of education pursuant to this
subdivision shall not exceed the amount allocated to a school
district or county office of education pursuant to Item 6110-149-0001
of Section 2.00 of the Budget Act of 1998. amended to
read:
42247. (a) Notwithstanding any other provision of law,
reimbursements authorized by Sections 42243.9 and 42249 for
desegregation costs incurred in the 1985-86 fiscal year, and each
fiscal year thereafter, shall not exceed the following amounts:
(1) For desegregation programs operating pursuant to a final court
order issued prior to the effective date of this section, or January
1, 1986, as appropriate, the amount calculated pursuant to Section
42247.3.
(2) For desegregation programs initiated after the 1984-85 fiscal
year, the amount in excess of one-fifth of the audited costs approved
by the Controller for the first full year of operation, adjusted
pursuant to Section 42247.2, provided that the school district has
contributed in the prior fiscal year not less than one-fifth of the
audited costs approved by the Controller for that fiscal year. For
purposes of this paragraph, desegregation programs initiated after
the 1984-85 fiscal year shall not include expansion of desegregation
activities by school districts that were reimbursed pursuant to
Section 42249 for desegregation costs incurred during the 1984-85
fiscal year, except as otherwise provided by Section 42247.2.
(3) For all other desegregation programs, the amount in excess of
one-fifth of the audited desegregation costs approved by the
Controller and incurred in the 1984-85 fiscal year, adjusted pursuant
to Section 42247.2, provided that the school district has
contributed in the prior fiscal year not less than one-fifth of the
audited costs approved by the Controller for that fiscal year.
(b) Claims for reimbursement of desegregation program costs shall
be subject to audit by the Controller to determine all of the
following:
(1) That the costs and programs are for purposes of desegregation
or alleviation of the harmful effects of racial segregation, as
provided in the plan submitted by the district pursuant to Section
42247.1.
(2) That the costs are costs in excess of the district's
expenditure levels for regular educational programs.
(3) That the costs are neither excessive nor unreasonable.
(c) School districts shall subject any claim for the reimbursement
of actual desegregation program costs to audit in accordance with
the standards and procedures established pursuant to subdivision (b)
of Section 42246. Each claim for the payment of actual costs
submitted to the Controller shall be accompanied by the audit any any
related reports issued by the entity performing the audit, unless
the school district contracts with the Controller for the performance
of the audit. This subdivision is not intended to require that
estimated current year claims be subjected to audit prior to
submission to the Controller.
(d) Claims for reimbursement of desegregation program costs shall
not include costs for school construction, reconstruction,
replacement of facilities, purchase of facilities, purchase of land,
or modernization of facilities.
(e) Notwithstanding any other provision of law, it is the intent
of the Legislature to enact legislation that would make an
appropriation to reimburse school districts for the full cost of
magnet school programs ordered by a court pursuant to a desegregation
program that originated under a court mandate and were previously
reimbursed through a federal grant.
SEC. 2. In accordance with the intent of the Legislature expressed
in subdivision (e) of Section 42247 of the Education Code, the
Controller shall, on or before March 1, 2000, propose to the
Legislature a method for appropriately reimbursing school districts
for the cost of magnet school programs ordered by a court pursuant to
a desegregation program that originated under a court mandate and
were previously reimbursed through a federal grant. The proposed
method should optimize the continued delivery of the educational
program with the least disruption possible.
SEC. 3. The sum of six hundred thousand dollars ($600,000) is
hereby appropriated from the General Fund to the Superintendent of
Public Instruction for allocation to the Stockton Unified School
District as reimbursement for audited court-ordered desegregation
costs in that school district.